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ULLOM v. MILLER

No. 34864.

705 S.E.2d 111 (2010)

Debbie L. ULLOM, Petitioner Below, Appellee v. Joe E. MILLER, Commissioner, West Virginia Division of Motor Vehicles, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Darrell V. McGraw, Esq. , Attorney General, Scott E. Johnson, Esq. , Assistant Attorney General, Charleston, WV, for Appellants.

Jason M. Glass, Esq. , Todd F. La Neve, Esq. , La Neve Law Offices, Jane Lew, WV, for Appellee.

Marvin W. Masters, Esq. , Richard A. Monahan, Esq. , The Masters Law Firm, LC, Charleston, WV, for Amicus Curiae, West Virginia Troopers' Association, Inc.

BENJAMIN, Justice:

The respondent below and appellant, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles ("the Commissioner"), appeals from an order of the Circuit Court of Marshall County, West Virginia, entered on November 12, 2008. In its order, the circuit court reversed the Commissioner's administrative order revoking appellee's license to operate a motor vehicle in West Virginia following appellee's arrest for driving under the influence...

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